Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1411 Compare Versions

Version 1 (Old)

Version 2 (New)

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2		-	SB1411 Engrossed LRB104 07373 JRC 17413 b
	1	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1411 Introduced 1/31/2025, by Sen. Laura Fine SYNOPSIS AS INTRODUCED: 755 ILCS 40/15 from Ch. 110 1/2, par. 851-15755 ILCS 40/65 Amends the Health Care Surrogate Act. Provides that if an individual without decisional capacity has an operative and unrevoked living will and the attending physician, in accordance with Section 4 of the Illinois Living Will Act, determines that the individual has a terminal condition and records the condition in the individual's medical record, then the individual's surrogate decision maker, in the order of priority under subsection (a) of Section 25, is authorized to consent to a POLST on behalf of the individual to ensure that the individual's wishes are respected. LRB104 07373 JRC 17413 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1411 Introduced 1/31/2025, by Sen. Laura Fine SYNOPSIS AS INTRODUCED: 755 ILCS 40/15 from Ch. 110 1/2, par. 851-15755 ILCS 40/65 755 ILCS 40/15 from Ch. 110 1/2, par. 851-15 755 ILCS 40/65 Amends the Health Care Surrogate Act. Provides that if an individual without decisional capacity has an operative and unrevoked living will and the attending physician, in accordance with Section 4 of the Illinois Living Will Act, determines that the individual has a terminal condition and records the condition in the individual's medical record, then the individual's surrogate decision maker, in the order of priority under subsection (a) of Section 25, is authorized to consent to a POLST on behalf of the individual to ensure that the individual's wishes are respected. LRB104 07373 JRC 17413 b LRB104 07373 JRC 17413 b A BILL FOR
	2	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1411 Introduced 1/31/2025, by Sen. Laura Fine SYNOPSIS AS INTRODUCED:
	3	+	755 ILCS 40/15 from Ch. 110 1/2, par. 851-15755 ILCS 40/65 755 ILCS 40/15 from Ch. 110 1/2, par. 851-15 755 ILCS 40/65
	4	+	755 ILCS 40/15 from Ch. 110 1/2, par. 851-15
	5	+	755 ILCS 40/65
	6	+	Amends the Health Care Surrogate Act. Provides that if an individual without decisional capacity has an operative and unrevoked living will and the attending physician, in accordance with Section 4 of the Illinois Living Will Act, determines that the individual has a terminal condition and records the condition in the individual's medical record, then the individual's surrogate decision maker, in the order of priority under subsection (a) of Section 25, is authorized to consent to a POLST on behalf of the individual to ensure that the individual's wishes are respected.
	7	+	LRB104 07373 JRC 17413 b LRB104 07373 JRC 17413 b
	8	+	LRB104 07373 JRC 17413 b
	9	+	A BILL FOR
	10	+	SB1411LRB104 07373 JRC 17413 b SB1411 LRB104 07373 JRC 17413 b
	11	+	SB1411 LRB104 07373 JRC 17413 b
3	12		1 AN ACT concerning civil law.
4	13		2 Be it enacted by the People of the State of Illinois,
5	14		3 represented in the General Assembly:
6		-	4 Section 5. The Illinois Living Will Act is amended by
7		-	5 changing Section 9 and by adding Sections 3.5 and 9.5 as
8		-	6 follows:
9		-	7 (755 ILCS 35/3.5 new)
10		-	8 Sec. 3.5. Applicability. Section 4-11 of the Illinois
11		-	9 Power of Attorney Act governs the applicability of this Act if
12		-	10 a patient has a health care agency. Notwithstanding Section
13		-	11 9.5 or any other provision in this Act, a declaration is not
14		-	12 operative as long as an agent is available who is authorized by
15		-	13 a health care agency to make decisions concerning
16		-	14 life-sustaining or death delaying procedures for the patient,
17		-	15 and nothing in this Act may impair or supersede the authority
18		-	16 of an agent under a health care agency to make decisions
19		-	17 regarding life-sustaining or death delaying treatment.
20		-	18 (755 ILCS 35/9) (from Ch. 110 1/2, par. 709)
21		-	19 Sec. 9. General provisions.
22		-	20 (a) The withholding or withdrawal of death delaying
23		-	21 procedures from a qualified patient in accordance with the
24		-	22 provisions of this Act shall not, for any purpose, constitute
	15	+	4 Section 5. The Health Care Surrogate Act is amended by
	16	+	5 changing Sections 15 and 65 as follows:
	17	+	6 (755 ILCS 40/15) (from Ch. 110 1/2, par. 851-15)
	18	+	7 Sec. 15. Applicability. This Act applies to patients who
	19	+	8 lack decisional capacity or who have a qualifying condition.
	20	+	9 Except as provided in Section 65, this This Act does not apply
	21	+	10 to instances in which the patient has an operative and
	22	+	11 unrevoked living will under the Illinois Living Will Act, an
	23	+	12 operative and unrevoked declaration for mental health
	24	+	13 treatment under the Mental Health Treatment Preferences
	25	+	14 Declaration Act, or an authorized agent under a power of
	26	+	15 attorney for health care under the Illinois Power of Attorney
	27	+	16 Act and the patient's condition falls within the coverage of
	28	+	17 the living will, the declaration for mental health treatment,
	29	+	18 or the power of attorney for health care. In those instances,
	30	+	19 the living will, declaration for mental health treatment, or
	31	+	20 power of attorney for health care, as the case may be, shall be
	32	+	21 given effect according to its terms. This Act does apply in
	33	+	22 circumstances in which a patient has a qualifying condition
	34	+	23 but the patient's condition does not fall within the coverage
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33		-	1 a suicide.
34		-	2 (b) The making of a declaration pursuant to Section 3
35		-	3 shall not affect in any manner the sale, procurement, or
36		-	4 issuance of any policy of life insurance, nor shall it be
37		-	5 deemed to modify the terms of an existing policy of life
38		-	6 insurance. No policy of life insurance shall be legally
39		-	7 impaired or invalidated in any manner by the withholding or
40		-	8 withdrawal of death delaying procedures from an insured
41		-	9 qualified patient, notwithstanding any term of the policy to
42		-	10 the contrary.
43		-	11 (c) No physician, health care facility, or other health
44		-	12 care provider, and no health care service plan, health
45		-	13 maintenance organization, insurer issuing disability
46		-	14 insurance, self-insured employee welfare benefit plan,
47		-	15 nonprofit medical service corporation or mutual nonprofit
48		-	16 hospital service corporation shall require any person to
49		-	17 execute a declaration as a condition for being insured for, or
50		-	18 receiving, health care services.
51		-	19 (d) Nothing in this Act shall impair or supersede any
52		-	20 legal right or legal responsibility which any person may have
53		-	21 to effect the withholding or withdrawal of death delaying
54		-	22 procedures in any lawful manner. In such respect the
55		-	23 provisions of this Act are cumulative.
56		-	24 (e) This Act shall create no presumption concerning the
57		-	25 intention of an individual who has not executed a declaration
58		-	26 to consent to the use or withholding of death delaying
	38	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1411 Introduced 1/31/2025, by Sen. Laura Fine SYNOPSIS AS INTRODUCED:
	39	+	755 ILCS 40/15 from Ch. 110 1/2, par. 851-15755 ILCS 40/65 755 ILCS 40/15 from Ch. 110 1/2, par. 851-15 755 ILCS 40/65
	40	+	755 ILCS 40/15 from Ch. 110 1/2, par. 851-15
	41	+	755 ILCS 40/65
	42	+	Amends the Health Care Surrogate Act. Provides that if an individual without decisional capacity has an operative and unrevoked living will and the attending physician, in accordance with Section 4 of the Illinois Living Will Act, determines that the individual has a terminal condition and records the condition in the individual's medical record, then the individual's surrogate decision maker, in the order of priority under subsection (a) of Section 25, is authorized to consent to a POLST on behalf of the individual to ensure that the individual's wishes are respected.
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	44	+	LRB104 07373 JRC 17413 b
	45	+	A BILL FOR
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	51	+	755 ILCS 40/15 from Ch. 110 1/2, par. 851-15
	52	+	755 ILCS 40/65
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69		-	1 procedures in the event of a terminal condition.
70		-	2 (f) Nothing in this Act shall be construed to condone,
71		-	3 authorize or approve mercy killing or to permit any
72		-	4 affirmative or deliberate act or omission to end life other
73		-	5 than to permit the natural process of dying as provided in this
74		-	6 Act.
75		-	7 (g) An instrument executed before the effective date of
76		-	8 this Act that substantially complies with subsection (e) of
77		-	9 Section 3 shall be given effect pursuant to the provisions of
78		-	10 this Act.
79		-	11 (h) A declaration executed in another state in compliance
80		-	12 with the law of that state or this State is validly executed
81		-	13 for purposes of this Act, and such declaration shall be
82		-	14 applied in accordance with the provisions of this Act.
83		-	15 (i) Documents, writings, forms, and copies referred to in
84		-	16 this Act may be in hard copy or electronic format. Nothing in
85		-	17 this Act is intended to prevent the population of a
86		-	18 declaration, document, writing, or form with electronic data.
87		-	19 Electronic documents under this Act may be created, signed, or
88		-	20 revoked electronically using a generic, technology-neutral
89		-	21 system in which each user is assigned a unique identifier that
90		-	22 is securely maintained and in a manner that meets the
91		-	23 regulatory requirements for a digital or electronic signature.
92		-	24 Compliance with the standards defined in the Uniform
93		-	25 Electronic Transactions Act or the implementing rules of the
94		-	26 Hospital Licensing Act for medical record entry authentication
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105		-	1 for author validation of the documentation, content accuracy,
106		-	2 and completeness meets this standard.
107		-	3 (j) No physician, health care provider, employee, or
108		-	4 facility may require the execution of a POLST or other such
109		-	5 similar form to put into effect the qualified patient's
110		-	6 declaration if a patient has been determined to be a qualified
111		-	7 patient.
112		-	8 (k) Except as otherwise provided in this Act, a physician,
113		-	9 health care provider, employee, or facility may rely on and
114		-	10 must comply with a qualified patient's declaration that is
115		-	11 apparent and immediately available if a patient has been
116		-	12 determined to be a qualified patient and the patient lacks
117		-	13 ability to give directions regarding the use of death delaying
118		-	14 procedures.
119		-	15 (l) Nothing in this Act impairs or supersedes a surrogate
120		-	16 decision maker's authority to make decisions regarding
121		-	17 life-sustaining or death delaying treatment on behalf of a
122		-	18 patient who lacks decisional capacity and has a qualifying
123		-	19 condition as defined in the Health Care Surrogate Act.
124		-	20 (Source: P.A. 101-163, eff. 1-1-20; 102-38, eff. 6-25-21.)
125		-	21 (755 ILCS 35/9.5 new)
126		-	22 Sec. 9.5. Operation of living will. Subject to Section 3.5
127		-	23 and Section 9(l), a declaration under this Act becomes
128		-	24 operative when all of the following conditions have been met:
129		-	25 (1) it has been validly executed;
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	71	+	1 of the living will, the declaration for mental health
	72	+	2 treatment, or the power of attorney for health care.
	73	+	3 Each health care facility shall maintain any advance
	74	+	4 directives proffered by the patient or other authorized
	75	+	5 person, including a do not resuscitate order, a living will, a
	76	+	6 declaration for mental health treatment, a declaration of a
	77	+	7 potential surrogate or surrogates should the person become
	78	+	8 incapacitated or impaired, or a power of attorney for health
	79	+	9 care, in the patient's medical records. This Act does apply to
	80	+	10 patients without a qualifying condition. If a patient is an
	81	+	11 adult with decisional capacity, then the right to refuse
	82	+	12 medical treatment or life-sustaining treatment does not
	83	+	13 require the presence of a qualifying condition.
	84	+	14 (Source: P.A. 96-448, eff. 1-1-10; 96-492, eff. 8-14-09;
	85	+	15 96-1000, eff. 7-2-10.)
	86	+	16 (755 ILCS 40/65)
	87	+	17 Sec. 65. Department of Public Health Uniform POLST form.
	88	+	18 (a) An individual of sound mind and having reached the age
	89	+	19 of majority or having obtained the status of an emancipated
	90	+	20 person pursuant to the Emancipation of Minors Act may execute
	91	+	21 a document (consistent with the Department of Public Health
	92	+	22 Uniform POLST form described in Section 2310-600 of the
	93	+	23 Department of Public Health Powers and Duties Law of the Civil
	94	+	24 Administrative Code of Illinois) directing that resuscitating
	95	+	25 efforts shall not be implemented. This individual may also
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140		-	1 (2) it has not been revoked in accordance with Section
141		-	2 5;
142		-	3 (3) the patient is unable to give directions regarding
143		-	4 the use of life-sustaining or death delaying procedures;
144		-	5 and
145		-	6 (4) the patient is a qualified patient.
146		-	7 An operative and unrevoked living will declaration
147		-	8 continues in effect until revoked in accordance with this Act.
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	106	+	1 revoke the document at will. Such a document may also be
	107	+	2 executed by a qualified health care practitioner. If more than
	108	+	3 one practitioner shares responsibility for the treatment and
	109	+	4 care of an individual, any of the qualified health care
	110	+	5 practitioners may act under this Section. Notwithstanding the
	111	+	6 existence of a do-not-resuscitate (DNR) order or Department of
	112	+	7 Public Health Uniform POLST form, appropriate organ donation
	113	+	8 treatment may be applied or continued temporarily in the event
	114	+	9 of the patient's death, in accordance with subsection (g) of
	115	+	10 Section 20 of this Act, if the patient is an organ donor.
	116	+	11 (a-5) Execution of a Department of Public Health Uniform
	117	+	12 POLST form is voluntary; no person can be required to execute
	118	+	13 the form. Execution of a POLST form shall not be a requirement
	119	+	14 for admission to any facility or a precondition to the
	120	+	15 provision of services by any provider of health care services.
	121	+	16 A person who has executed a Department of Public Health
	122	+	17 Uniform POLST form should review the form annually and when
	123	+	18 the person's condition changes.
	124	+	19 (b) Consent to a Department of Public Health Uniform POLST
	125	+	20 form may be obtained from the individual, or from another
	126	+	21 person at the individual's direction, or from the individual's
	127	+	22 legal guardian, agent under a power of attorney for health
	128	+	23 care, or surrogate decision maker.
	129	+	24 (b-5) As used in this Section:
	130	+	25 "POLST" means practitioner orders for life-sustaining
	131	+	26 treatments.
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	142	+	1 "POLST portable medical orders form" means a medical
	143	+	2 orders form, including, but not limited to, a Medical Orders
	144	+	3 for Scope of Treatment (MOST), Medical Orders for Life
	145	+	4 Sustaining Treatment (MOLST), Physician Orders for Scope of
	146	+	5 Treatment (POST), or Physician Orders for Life Sustaining
	147	+	6 Treatment (POLST) form, that is formally authorized by a state
	148	+	7 or territory within the United States.
	149	+	8 (c) Nothing in this Section shall be construed to affect
	150	+	9 the ability of an individual to include instructions in an
	151	+	10 advance directive, such as a power of attorney for health
	152	+	11 care. The uniform form may, but need not, be in the form
	153	+	12 adopted by the Department of Public Health pursuant to Section
	154	+	13 2310-600 of the Department of Public Health Powers and Duties
	155	+	14 Law (20 ILCS 2310/2310-600). Except as otherwise provided by
	156	+	15 law, emergency medical service personnel, a health care
	157	+	16 provider, or a health care facility shall comply with a
	158	+	17 Department of Public Health Uniform POLST form, National POLST
	159	+	18 form, another state's POLST portable medical orders form, or
	160	+	19 an out-of-hospital Do Not Resuscitate (DNR) order sanctioned
	161	+	20 by a state in the United States that: (i) has been executed by
	162	+	21 an adult; and (ii) is apparent and immediately available.
	163	+	22 (c-5) If an individual without decisional capacity has an
	164	+	23 operative and unrevoked living will and the attending
	165	+	24 physician, in accordance with Section 4 of the Illinois Living
	166	+	25 Will Act, determines that the individual has a terminal
	167	+	26 condition and records the condition in the individual's
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	178	+	1 medical record, then the individual's surrogate decision
	179	+	2 maker, in the order of priority under subsection (a) of
	180	+	3 Section 25, is authorized to consent to a POLST on behalf of
	181	+	4 the individual to ensure that the individual's wishes are
	182	+	5 respected.
	183	+	6 (d) A health care professional or health care provider may
	184	+	7 presume, in the absence of knowledge to the contrary, that a
	185	+	8 completed Department of Public Health Uniform POLST form,
	186	+	9 National POLST form, another state's POLST portable medical
	187	+	10 orders form, or an out-of-hospital Do Not Resuscitate (DNR)
	188	+	11 order sanctioned by a state in the United States executed by an
	189	+	12 adult, or a copy of that form or a previous version of the
	190	+	13 uniform form, is valid. A health care professional or health
	191	+	14 care provider, or an employee of a health care professional or
	192	+	15 health care provider, who in good faith complies with a
	193	+	16 cardiopulmonary resuscitation (CPR) or life-sustaining
	194	+	17 treatment order, Department of Public Health Uniform POLST
	195	+	18 form, or a previous version of the uniform form made in
	196	+	19 accordance with this Act is not, as a result of that
	197	+	20 compliance, subject to any criminal or civil liability, except
	198	+	21 for willful and wanton misconduct, and may not be found to have
	199	+	22 committed an act of unprofessional conduct.
	200	+	23 (d-5) Before voiding or revoking a Department of Public
	201	+	24 Health Uniform POLST form, National POLST form, or another
	202	+	25 state's POLST portable medical orders form executed by the
	203	+	26 individual, that individual's legally authorized surrogate
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